Chapter 2.20 — CITY OFFICERS

The City Clerk and the City Treasurer, upon the entry to their duties of office, shall execute a bond to the City in conformity with bonds of public officers and in conformity with the provisions of the Governmental Code of the State relating thereto, in an amount as shall be established from time to time by the City Council by resolution. The bond requirement of this section may be met by coverage furnished under Section 2.20.220 of this chapter.

(Ord. No. 2012-1371, 12-11-12)

The office of City Manager is hereby established.

The City Manager shall be appointed by the City Council wholly on the basis of his executive and administrative qualifications and ability and shall hold office for and during the pleasure of the City Council.

No person elected as a member of the City Council shall, subsequent to his election, be eligible for appointment as City Manager until after two years have elapsed after the City Councilmember shall have ceased to be a member of the City Council.

Residence in the City at the time of the appointment of the City Manager shall not be a condition of the appointment. Notwithstanding the foregoing, the City Council may at its discretion require the City Manager to reside within a reasonable and specific distance from the City's jurisdictional boundaries.

(Ord. No. 2013-1379, 5-14-13)

The City Manager shall furnish a corporate surety bond, to be approved by the City Council, in such a sum as may be determined by the City Council, which bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City. The bond requirement of this section may be met by coverage furnished under Section 2.20.220 of this chapter.

(Ord. No. 2012-1371, 12-11-12)

(a)

The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by resolution and the compensation and expenses reimbursements shall be a proper charge against such funds of the City as the City Council shall designate.

(b)

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties. Reimbursement for expenses shall be made pursuant to the approved compensation and reimbursement policy.

(Ord. No. 2012-1371, 12-11-12)

The removal of the City Manager shall be only upon a majority vote of the whole City Council. Notwithstanding other provisions of this division, the City Manager shall not be removed from office during or within a period of 60 days next succeeding any general City election held in the City at which election a member of the City Council is elected.

The City Manager must appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. If the City Manager fails to appoint an acting manager, the City Council may designate a duly qualified person to perform the duties of the City Manager. The Acting City Manager shall be subject to the bond requirement under Section 2.20.220 of this chapter, or in the alternative, shall furnish a corporate surety bond conditioned upon faithful performance of the duties required to be performed by the City Manager. Any premium for such bond shall be a proper charge against the City.

(Ord. No. 2013-1379, 5-14-13; Ord. No. 2021-1504, § 2(Exh. A), 9-28-2021)

The City Manager, who shall be responsible to the City Council, shall be the Chief Administrative Officer of the government of the City, under the direction and control of the City Council, except as otherwise provided in this division; he shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following sections:

(a)

Enforcement of laws. It shall be the duty and authority of the City Manager to see that all laws, provisions of this Code and other ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed.

(b)

Personnel direction. It shall be the duty and authority of the City Manager to control, order and give directions to all appointive department heads and to subordinate officers and employees. In departments of the City, orders and directions shall be given to employees of the department through the department head. The City Manager may transfer employees from one department to another and may consolidate or combine offices, positions, departments or units under his direction. The City Manager has the authority to reassign employees under his supervision temporarily or permanently during an emergency.

(c)

Personnel appointment, advancement and removal. It shall be the duty and authority of the City Manager to appoint, remove, suspend, promote and demote any and all appointive officers and employees of the City in accordance with the personnel provisions of this chapter and other City ordinances and the personnel rules and regulations of the City, except the City Attorney. Political beliefs or affiliations shall not be a basis for appointment or removal. The City Manager or his delegatee shall have the authority to adjust during a fiscal year any salary inequity caused by the addition of duties and the City Council shall be notified of the adjustment.

(Ord. No. 2013-1379, 5-14-13)

The City Manager shall make and keep up-to-date job or position descriptions for all employees of the City.

(d)

Departmental and personnel control. It shall be the duty and authority of the City Manager to exercise control over all departments of government of the City and over all appointive officers and all employees thereof.

(e)

Council meetings. It shall be the duty and authority of the City Manager to attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council.

(f)

Recommendations to the City Council. It shall be the duty and authority of the City Manager to recommend to the City Council for adoption such measures and recommendations as he deems necessary or expedient.

(g)

Financial matters. It shall be the duty and authority of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City.

(h)

Budget. It shall be the duty and authority of the City Manager to prepare and submit before the first day of June of each year, the proposed total annual budget, including the proposed annual salary plan, to the City Council for its consideration. The City Manager shall be responsible for the administration of the budget after its final adoption and he shall keep the City Council informed with respect thereto.

(i)

Purchases; inventory. It shall be the duty and authority of the City Manager to purchase all supplies for all the departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council, except on report or approval of the City Manager. The City Manager shall also cause to be made and kept up-to-date an inventory of all property, real and personal, owned by the City.

Any limitations on the maximum amounts which may be spent by the City Manager shall be set forth from time to time by policy statements by the City Council.

(j)

Investigations. It shall be the duty and authority of the City Manager to make investigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligations running to the City.

(k)

Complaints; services rendered by public utilities. It shall be the duty and authority of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully performed and observed.

(l)

Public property. It shall be the duty and authority of the City Manager to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City Council.

(m)

Working time. It shall be the duty and authority of the City Manager to devote his entire working time to the duties of his office in the interests of the City.

(n)

Public relations. The City Manager shall serve as a Public Relations Officer of the City government and shall follow through and endeavor to adjust all just complaints filed against any employee, department, division or service of the City.

(o)

City and City Council mail. The City Manager shall receive and open all mail addressed to the City, the City Council and City departments and give his immediate attention thereto, to the end that all administrative business referred to in the communication and not necessarily requiring action by the City Council may be disposed of between City Council meetings.

(p)

Meeting of boards and commissions. The City Manager, or his designee, shall attend all meetings of the Planning Commission and may attend meetings of any other commission, boards or committees heretofore and hereinafter created by the City Council.

(q)

Records and accounts. It shall be the duty of the City Manager to direct that the records and accounts of the City are maintained in accordance with industry standards.

(r)

ABC Licensing. The City Manager shall have the authority to investigate and make determinations of public convenience and necessity, file protests on behalf of the City or make other recommendations concerning alcoholic beverage control licenses for establishments within the City's jurisdiction pursuant to California Business & Professions Code Section 23958.4. The powers and authority granted under this division are not intended to replace or usurp any powers or authority vested in the California Department of Alcoholic Beverage Control.

(s)

Additional authority and duties. It shall be the duty and authority of the City Manager to perform such other duties and exercise such other authority as may be delegated to him from time to time by ordinance, resolution or other action of the City Council.

The City Manager shall act as the agent for the City Council in the discussion of its administrative functions, but shall not exercise any policy-making or legislative functions whatsoever, except as delegated to the City Manager by the City Council nor shall he attempt to commit or bind the City Council or any member thereof to any action, plan or program requiring official action by the City Council, except as authorized by the City Council.

(Ord. No. 2012-1371, 12-11-12)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member shall give orders to any subordinates of the City Manager.

It shall be the duty of the City Attorney, who shall be appointed directly by the City Council, to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with his duties as prescribed by law, the provisions of this Code and other ordinances of the City.

The Finance Department is hereby created and established, the head of which shall be the Finance Director, which office shall be appointed by the City Manager.

(Ord. No. 2012-1371, 12-11-12)

The Director of Finance shall be appointed by the City Manager and shall serve at the pleasure of the City Manager.

Residence in the City shall not be deemed a necessary prerequisite to appointment as Director of Finance.

The Director of Finance shall furnish a corporate surety bond, to be approved by the City Council, in such sum as may be determined by the City Council, which bond shall be conditioned on the faithful performance of the duties imposed on the Director of Finance by this division. The bond shall be at least equal to the bond required of the City Clerk under the provisions of Section 36518 of the State Government Code. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. The bond requirement of this Section may be met by coverage furnished under Section 2.20.220 of this chapter.

(Ord. No. 2012-1371, 12-11-12)

The Director of Finance shall receive such compensation as the City Council shall from time to time determine and fix by resolution, and the compensation shall be a proper charge against such funds of the City as the City Council shall designate.

(a)

The Director of Finance, under the supervision of the City Manager, shall have charge of the administration of the financial affairs of the City and he/she shall have the following powers and duties.

(1)

Compile the budget expense and capital estimates for the City Manager.

(2)

Supervise and be responsible for the disbursement of all monies and have control over all expenditures which have been budgeted.

(3)

Maintain a general accounting system for the City government and of its offices, departments, and agencies; keep books for, prescribe the financial forms to be used by and exercise financial budgetary control over each office, department or agency.

(4)

Submit to the City Council, through the City Manager, statements of all receipts and disbursements in sufficient detail to show the exact financial conditions of the City.

(5)

Prepare for the City Manager, as of the end of each fiscal year, a complete financial statement and report.

(6)

Collect all taxes, special assessments, license fees and other revenues of the City for whose collection the City is responsible and receive all money receivable by the City from the State or Federal government, or from any court, or from any office, department or agency of the City.

(7)

Receive and have custody of all monies receivable by the City from any source.

(8)

Deposit all monies received in such depositories as may be designated by the City Manager and in compliance with all provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds.

(9)

Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange.

(10)

Have the right to audit the accounting functions performed by all other departments and divisions of the City; and

(11)

Perform such other functions as the City Manager may specify or as may be prescribed by action of the City Council.

(Ord. No. 2012-1371, 12-11-12)

Should the Director of Finance be absent or disabled, the City Manager shall designate an acting Director of Finance.

99 Years.

The City Manager, in conjunction with his duty and authority to exercise general supervision over all public buildings and public property pursuant to Chapter 2.20, Section 2.20.100(l), shall have the authority and discretion to negotiate and enter into leases of City-owned,

held or controlled property for periods which are in excess of 55 years but do not exceed 99 years in accordance with the following limitations and procedures:

(a)

In no event shall the initial term of the lease be for a period in excess of 55 years;

(b)

In no event shall the initial term of the lease plus any extensions thereto exceed 99 years;

(c)

The lease shall be made subject to periodic review by the City Manager at defined intervals. During such reviews, the City Manager shall take into account the then-current market conditions and shall re-set the terms of the lease to market levels; and

(d)

Any provision in the initial lease containing an option or options to extend the term of the lease beyond 55 years must include a requirement that such options cannot be exercised by either the City or the lessee unless the lessee substantially reinvests in the property in a manner and/or amount to be agreed upon by the City and the lessor during initial lease negotiations;

(e)

Proposed leases with initial annual rents due to the City in excess of $350,000.00 shall be approved by resolution of the City Council before being executed on behalf of the City by the City Manager. All other leases may be executed by the City Manager on behalf of the City without obtaining City Council approval;

(f)

The City Manager shall enter into only those leases that are economically beneficial to the City;

(Ord. No. 98-1042, 12-9-98)

(g)

Prior to the execution of leases which are subject to this Section 2.20.210, the City Manager shall provide a written summary of proposed lease terms to the City Council;

(Ord. No. 99-1051, 2-1-99)

(a)

Pursuant to Section 1481 of the Government Code, as that section may be amended from time to time, a master bond may be used as an alternative to any official bond required under this chapter.

(b)

Pursuant to Section 1463 of the Government Code, as that section may be amended from time to time, a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, may be used as an alternative to any master bond or official bond required under this chapter.

(c)

A master bond or insurance policy procured pursuant to this Section must provide coverage to at least the same extent, in the same or greater amount, and on substantially similar terms as those bonds otherwise required by this chapter.

(Ord. No. 2012-1371, 12-11-12)